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COMMERCE UNION BANK v. MIDLAND NAT. INS. CO.

Gen. No. 64-21.

53 Ill. App.2d 229 (1964)

202 N.E.2d 688

Commerce Union Bank, Plaintiff-Appellee, v. Midland National Insurance Company and Robert Lewis Angel, Defendants-Appellants.

Appellate Court of Illinois — Fifth District.

November 13, 1964.

Attorney(s) appearing for the Case

J.E. Horsley and William E. Larrabee, of Craig & Craig, of Mattoon, for appellants.

Fred McCollum and James B. Moses, of Smith, McCollum & Riggle, of Flora, for appellee.

WRIGHT, JUSTICE.

This is an action on insurance contracts brought by plaintiff, Commerce Union Bank, the assignee, under a conditional sales contract against defendants, Midland National Insurance Company and Robert Lewis Angel, the insurors, for damages to a 1959 Mack tractor caused by fire.

During the trial held before the court, without a jury, the defendants asserted the affirmative defenses of arson on the part of the owner of the vehicle and the failure...

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